Patna High CourtCR. MISC./56617/2018dismissed

Dharmveer Gaur v. State Of Bihar And ANR

2018-09-28Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.56617 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56617 of 2018 Arising Out of PS.Case No. -28032 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Dharmveer Gaur, aged about 38 Years, S/o Ragho Rai, R/o MohallaSaristabad, East Tola, P.S.- Gardanibagh, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Surendra Paswan S/o Late Meeta Paswan, R/o Mohalla- Chitkohara, Basti, P.S.- Gardanibagh, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Shekhar,Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420/406 of the Indian Penal Code registered in connection with Complaint Case No. 28032(c) of 2014.

3. It is submitted that the petitioner has been falsely implicated and the dispute between the parties for which the criminal case has been instituted is in essence of civil nature.

4. From perusal of the order dated 21.05.2018 passed by the learned Additional Sessions Judge-X, Patna in ABP No. 1208 of 2018, it transpires that the petitioner is seeking anticipatory bail in a case instituted as far back as in the year 2014 and that processes under Section 82 Cr. P.C. have been issued against him for securing his appearance. The petitioner also has criminal

Patna High Court Cr.Misc. No.56617 of 2018 (2) dt.28-09-2018 antecedents.

5. Having regard to the entirety of the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed.

6. The petitioner is directed to surrender and seek regular bail before the learned trial Court and in such event, the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) Chandran U T